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20 November 2008
Issue: 7346 / Categories: Features , Family , Ancillary relief
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Deal or no deal?

Jonathan Herring discusses enforcing

As the family lawyer trudges home after many hours of work his heart is slightly lighter because the day involved a sensible negotiated settlement of a complex case. There were handshakes all round, and although no one was delighted, or even happy, there was a sense of relief that a deal had been struck that was just about acceptable to everyone. But our lawyer’s lightness of heart may be forgotten the next morning when greeted by news that the other side has decided to pull out of the agreement. Inevitably the client will want to know: are they allowed just to pull out of the agreement having shaken hands on it?

Consent orders
Well, yes, is the answer. Until the court makes a consent order, the agreement of the parties is not legally binding. That is why it is sensible to get a consent order made as soon as possible after the agreement has been reached. A judge might be persuaded that if a party pulls out of a negotiated settlement

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MOVERS & SHAKERS

Haynes Boone—Louise Woods

Haynes Boone—Louise Woods

Haynes Boone expands global capabilities with addition of Louise Woods as chair of international disputes

DWF—John Gilfedder

DWF—John Gilfedder

DWF strengthens Global Risks practice with strategic hire of aviation partner in London

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau appoints newly qualified solicitors

NEWS
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
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